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Re: Don't Cache that check

  • From: trainier
  • Date: Wed Sep 21 15:52:15 2005

> So again I ask, how can this law apply to ISP's and those in the 
"networking" arena that serve content via cache servers.

1.)  Remember, a cache is not necessarily a proxy and vice versa.  Heck. 
You could consider Language translation sites as proxies, as they 
ultimately do the same thing.

In reference to the ISPs that're serving content via cache servers.
1.)  Google isn't being sued for web content, they're being sued for 
copying copyrighted material and profiting from it.
2.)  ISP caches are never public, they're for their customers.  If their 
caches were public, they should simply be shot at.  :-)

Someone asked about whether the public libraries should be held 
responsible....perhaps, yes.
Technically, though, the answer is no.  The copyright act (Copyright Act, 
17 U.S.C.) states that anyone interested in copying digitally protected 
material is required to get authorization for the copyright OWNERS, not 
the holders of the material.


Tim Rainier
Information Services, Kalsec, INC




"J. Oquendo" <sil@politrix.org> 
Sent by: owner-nanog@merit.edu
09/21/2005 03:33 PM

To
nanog@nanog.org
cc

Subject
Re: Don't Cache that check









On Wed, 21 Sep 2005, Douglas Dever wrote:

> It will have zero impact on people running caching servers...
>
> Please see points 2 through 5 in the nature of the action.
> Specifically, "Google knew or should have known... to obtain
> authorization from the holders of the copyrights in these literary
> works before creating and reproducing digital copies of the Works for
> its own commercial use..."
>
> Somewhere, there's a shepard listening for your cries of "Wolf..."
>
> -doug

Shouldn't a provider know their cache servers are "STORING" copyrights.

Definitions of Cache Server on the Web:

A cache server (sometimes called a cache engine) is a server relatively
close to Internet users and typically within a business enterprise that
saves (caches) Web pages and possibly FTP and other files that all server
users have requested so that successive requests for these pages or files
can be satisfied by the cache server rather than requiring the user of the
Internet. A cache server not only serves its users by getting information
more quickly but also reduces Internet traffic.

Again, you run an ISP. You run a cache server that stores something for
easier retrieval from your end users. You should be following the law.
Supposing some of your users paid for the right to access BookB so your
cache server decided to cache it for quicker loading:

http://cacheserver.foobarisp.com/9f3f65a2d28767c9cc2676dcf0e1dff7/BookB.pdf

Somehow someone else along the `net` gets ahold of that cache's URL and
reposts it to say a forum. Your ISP is now acting as a proxy to distribute
(unbeknownst to the author) that book. How does that differ." Ignorance is
no excuse" either way you cut it a law is being broken. So again I ask,
how can this law apply to ISP's and those in the "networking" arena that
serve content via cache servers.


=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+
J. Oquendo
GPG Key ID 0x97B43D89
http://pgp.mit.edu:11371/pks/lookup?op=get&search=0x97B43D89

"Just one more time for the sake of sanity tell me why
 explain the gravity that drove you to this..." Assemblage






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